Nanak Chand vs State of Haryana

M.L. Singhal, J.

Nanak Chand son of Hari Singh, resident of village Goela, District Gurgaon is feeling aggrieved with the police because of their in action and disinterestedness in locating his son Naval Singh who has not seen the light of the day after the mid of July 1995. When he felt that the police was not active in locating his son, he made an application to the Hon''ble The Chief Justice of this court dated 2.8.1995 which was treated as Criminal Writ Petition stating therein that he has 4 sons namely Tej Pal aged 22 years, Charan Singh aged 19 years, Naval Singh aged 13 years and Naresh aged 9 years. A few days prior to 2.8.1995, quarrel had taken place between them and Gur Parsad, Bharat Singh, Madan Lal sons of Roop Chand, Sohan Lal son of Ami Chand, Kishan Lal alias Pappu son of Sohan Lal, Om Parkash son on Bhajan Lal, Rakesh son of Gopi Ram, residents of village Goela over a passage. The matter was reported to the police. Biradri intervened and got compromise effected between them. Gur Prasad etc. however, did not effect compromise from the core of their heart. They continued harbouring grudge against Nanak Chand and his family and conspiring against them. On 11.7.1995 in pursuance to that conspiracy they and Puran Singh kidnapped his son and sent him to some unknown place where he was concealed or done to death. Upto 12.7.1995 Nanak Chand and the members of his family continued to make efforts to locate Naval in their relations and the nearabout places. Nanak Chand asked Bharat Singh that his son Puran had kidnapped his son and taken him to some unknown place. Bharat Singh etc. became riotous on hearing this from Nanak Chand. They were, however, mum so far as this allegation made by him is concerned. On 13.7.1995, Nanak Chand came to know that Puran was in village Taoru along with his son Naval but when he reached village Taoru, they were not available there. At about 9.00 PM Charan Singh told his father Nanak Chand weepingly that Rakesh had brought Puran but Naval was still missing or they had murdered Naval. Thereafter Nanak Chand went to see Bharat Singh etc. along with the respectables as asked them about the whereabouts of his son Naval. Bharat Singh etc told Nanak Chand that they had eliminated Naval and had fulfilled their object. They threatened Nanak Chand in the presence of those respectables that he was free to do anything which he could do against them. Eventually, Nanak Chand reported the matter to the police. Case FIR No. 153 dated 21.8.1995 under section 364/120B IPC was registered in P.S. Taoru.

Police have not done anything to find out whether Naval is dead or alive. Nanak Chand''s apprehension is that the police are inactive because they are conniving with Bharat Singh etc. Nanak Chand prays that case FIR No. 153, dated 21.8.1995 be got investigated by DSP Headquarters or SDO Nuh so that his son was got recovered and handed over to him. Nanak Chand has prayed for the issuance of writ in the nature of order or direction to the DSP Headquarters or SDO Nuh to investigate this case thoroughly and recover Naval and pinpoint criminal liability and secure legal punishment to the persons responsible for the kidnapping of his son and his eventual elimination if he has been eliminated or for his kidnapping with the intent to murder.

In their reply on behalf of the State of Haryana, SHO of P.S. Taoru has submitted that this case was initially investigated by ASI Om Parkash and his investigation reveals that on 11.7.1995 at about 6 AM both Naval Singh and Puran Singh had taken Rs. 800900/ each with them for going to Jaipur and Alwar. On 13.7.1995 when they came back to their village Goela, they were seen by Fakroo son of Imam Bux of their village. Fakroo was examined during investigation. His statement was recorded under section 161 Cr.P.C. He revealed that he apprised both Naval Singh and Puran Singh that their parents were searching them and they would be taken to task when they returned to their houses. Puran Singh and Naval became afraid of their parents that they would give them thrashing. Both are children of tender age. This fear became injected deep into their mind and they again slipped away from Taoru. They did not go to village Goela. They reached Bilaspur. From there Puran Chand returned to his house and Naval went to Delhi and did not return. Investigating Officer attached great weight to the statement of Fakroo. It became difficult for the Investigating Officer to believe that Naval had been kidnapped by Puran Singh or his father Bharat Singh and others. Investigating Officer also found that there was a dispute over passage to a plot of Nanak Chand between Nanak Chand and Bharat Singh etc. and that dispute was got compromised and after that there was no rancour left in the mind of Bharat Singh etc. Investigating Officer found in investigation that this was a false complaint engineered by Nanak Chand against Bharat Singh etc. as he did not forget the misbehaviour of Bharat Singh etc.

SI/SHO Dalbir Singh also investigated this case on 7.10.1995. He went to village Goela and made enquiries. He came to know that on or about 13.7.1995 Nanak Chand had met his son and that Nanak Chand had engineered this complaint falsely against Bharat Singh etc. only to take revenge of the old dispute. The Panchayat also felt suspicious about the false nature of the complaint. ASI Om Parkash interrogated Bharat Singh etc. on 13.10.1995 but he did not arrest them as according to the revelations made during investigation nothing tangible appeared warranting their arrest. Nanak Chand gave in writing on 17.11.1995 that though Naval Singh had not been traced, Bharat Singh etc. were innocent and no action was required to be taken against them and further his son Naval Singh was roaming about of his own. To this effect, statement of Nanak Chand under section 161 Cr.P.C. was recorded on 17.11.1995. Panchayat also decided that none was at fault so far as the disappearance of Naval Singh was concerned. During investigation no evidence came to the hands of the Investigating Officer as to any conspiracy resulting into the kidnapping of Naval Singh by Bharat Singh etc.

There was not even a single circumstance to connect Bharat Singh with the kidnapping of Naval Singh. Only circumstance that came to the notice of the Investigating Officer was that on 13.7.1995 Puran and Naval Singh were seen together by Fakroo. Even Fakroo has stated that Naval Singh and Puran parted company and Naval Singh went to Delhi while Puran returned to his house.

Now the investigation of the case is at a dead halt without any clue having been found as to whether Naval Singh is dead or alive. If the investigation had been earnest, it could have been found by the Investigating Officer whether Naval was dead or alive. If he was alive Investigating Officer should have produced him before this court and he should have handed over Naval to his father. Naval is a child of 1415 years old. If Naval is alive and has gone to his relations, Nanak Chand could be interrogated with regard to the particulars of those relations and Naval traced there.

It is a sad commentary on the casualness of the investigation of such serious cases by the police that they are not able to reach any conclusion whether Naval Singh is dead or alive.

In a civilised society like ours, police should investigate cases quite scientifically. Sagacity of the police to my mind should not bring this investigation to a dead halt. It should go further and be taken to its logical end.

I am not satisfied with the manner in which this case has been investigated so for by ASI Om Parkash or SI/SHO Dalbir Singh. It seems that they closed the investigation after they had felt content on the statement of Fakroo fortified by the statement made by Nanak Chand. It seems that they did not realise that Nanak Chand might have made that statement in a state of helplessness or despair. If Nanak Chand was satisfied with the manner this case was being investigated by the police he would not have tried to take up the issue in this court through this Criminal Writ Petition.

In the result, this Criminal Writ Petition is accepted and the SSP Gurgaon is directed to put some DSP posted at Gurgaon on the investigation of this case. Investigation made by DSP shall be supervised by some S.P. to be put on the job by the SSP, Gurgaon. It is further directed that the SSP Gurgaon shall order DSP/SP not to take this investigation casually but to take this investigation as a challenge to their sagacity. Police officers are expected to restore the child of tender age to his parents if he is alive and if he is not alive to satisfy them, how his end was brought about and who brought about his end.

It is further directed that the investigation of this case shall be taken to its logical end within three months of the receipt of this order.

SSP, Gurgaon shall inform this court with regard to the result of the investigation after the investigation is over.